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: The Legal Intelligencer Blog

Vincent Fumo Sentencing Liveblog

By Brian Harris

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Prison Won?t Add Stress to Fumo's Life, Doctor Says

If former state Sen. Vincent Fumo is sent to prison, there is no proof that he will suffer from stresses that will lead to another heart attack, a prison doctor testified.

Called as the prosecution's first witness, John Manenti testified that he disagrees with multiple doctors' reports and letters submitted by Fumo's defense team that said Fumo's life expectancy would be cut short because of his multiple ailments -- heart disease, diabetes, high blood pressure, high cholesterol and kidney problems -- as well as severe anxiety, depression, insomnia and obsessive compulsive disorder.

Manenti, the northeast regional medical director for the Federal Bureau of Prisons, testified that "no study" has ever linked the stress of being in prison to an increased risk of "cardiac events" in those who, like Fumo, have already suffered a heart attack.

Instead, Manenti said, the reality is that prison may have a "cocoon effect" that results in a decrease in the "stressors" of daily life because inmates don't have to deal with the typical stressors of the outside world like traffic jams and cell phones.

Manenti also said he found "encouraging" information in Fumo's health records, including notations from a recent annual physical that showed Fumo's diabetes is "fairly well controlled" and that his primary doctor had not seen him in for a full year.

Fumo's recently hired sentencing specialist lawyer, Sam Buffone, pressed Manenti on why he disagreed with the diagnoses of Fumo's treating doctors when Manenti himself has never examined Fumo.

At the close of Manenti's testimony, Judge Ronald Buckwalter recessed for lunch until 1:30 p.m.

Prison Doctor Says Fumo Will Get Good Care

The first witness called to the stand in the sentencing hearing for former state Sen. Vincent Fumo was John Manenti, a doctor who works as the regional medical director for the Federal Bureau of Prisons.
 
Manenti was called by prosecutors to refute an argument by Fumo?s lawyers, who contend that Fumo will not have access to proper care for his chronic heart conditions and other maladies, and that his conditions could be made worse by ?stressors associated with incarceration.?
 
Fumo?s lawyers submitted an affidavit saying Fumo won?t have access to many of the prescription drugs he takes, including Ambien, a sleeping pill, and Xanex, an anti-anxiety drug.
 
Manenti, under questioning by Assistant U.S. Attorney John Pease, testified that Fumo would have access to cardiologists and most of his prescriptions or an FDA-approved ?therapeutic equivalent.?
 
Fumo won?t be allowed to take Ambien, he said, because the prison system does not allow it due to its effect of ?deepening? a patient?s state of unconsciousness. In a prison setting, he said, it is important to maintain ?arousability? in inmates at all times for security reasons. Xanex is also banned, he said, due to its addictive properties and potential for abuse.

Fumo Sentencing Delayed

The sentencing hearing for former state Sen. Vincent Fumo was delayed by one hour due to an overflow crowd that prompted U.S. District Judge Ronald L. Buckwalter to move the proceeding to a larger courtroom.

Would-be spectators had begun lining up for seats as early as 8 a.m., and Buckwalter learned that dozens would be denied a seat unless he moved the hearing.

Buckwalter?s courtroom on the 14th floor holds about 100 spectators, but the larger Ceremonial Courtroom on the first floor holds more than 300.

Among the notable spectators as the hearing was set to begin was former U.S. Attorney Patrick Meehan, now of Conrad O?Brien Gellman & Rohn.

 

Please check back, as this blog post will be updated over the course of the proceedings.

Full post as published by The Legal Intelligencer Blog on July 14, 2009 (boomark / email).

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